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Can my car get impounded following a DUI?

Vehicle impoundment can happen after a DUI violation in certain states, and South Carolina happens to be one of them. However, your car will not be impounded until after your fourth DUI offense in our state. Fortunately for people accused of drunk driving, most DUI violations are first or second offense, so the vast majority of individuals will be immune from having their vehicles confiscated.

Losing access to a vehicle can be extremely debilitating for the average South Carolina resident who needs to use his or her vehicle on a daily basis. Fortunately, in the modern era of Ignition Interlock Devices (IIDs), most people in South Carolina accused of DUI will be able to continue driving their cars. Therefore, their lives will not be impacted significantly, and they can keep driving as long they test clean after blowing into a vehicle-installed breathalyzer machine.

With the advent of IIDs, drivers at risk of vehicle impoundment throughout the country are making more and more compelling cases to keep their vehicles. In fact, certain state courts have deemed vehicle confiscation to be excessive punishment and they are beginning to limit its use. The legal question of whether it is appropriate to impound a vehicle is evolving year to year, but for now it continues to apply to certain cases in South Carolina.

If you are at risk of having your vehicle confiscated, you might want to discuss your case with a qualified criminal defense attorney to determine if there are any legal strategies you can employ to try and prevent losing your car.

Source: FindLaw, "Having Your Car Impounded After a DUI," accessed Nov. 18, 2015

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